RAGHUNANDAN PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Arun Prasad Ambastha for the petitioner, and Mr. Kumar Uday Singh for respondent no. 6. The present batch of writ petitions arise out of a common order passed in Revision Case No. 317 to 325 of 1990, dated 7.12.1992, by the learned Additional Member, Board of Revenue, Bihar, Patna. The said Revision cases were filed by respondent no.6 of the present nine writ petitions, who were the purchasers.

(2.) The brief facts necessary of the disposal of the present batch of cases is noted hereinbelow. Respondents no. 7 to 11, by a deed of sale executed on 22.11.1985, and registered on 4.12.1985, transferred certain portion of land in favour of the respondent no. 6 , situated in village- Maranga., P.S.Khajanchi Hat, District-Purnia , appertaining to Khata No. 1599, and plot No.1143, having area of two kathas. The petitioner claiming to be co-sharer of the vendors and also adjoining raiyat of the transferred land filed a case for pre-emption u/s 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the "Act"), before the Learned Deputy Collector, Land Reforms , Sadar, Purnea against the purchaser which was registered as Case no.72 of 85-86. Respondents no. 7 to 11 also transferred portions of lands of plot no.1143 and 1144 by further eight separate registered deeds of sale to different persons, who are respondent no.6 in the connected eight writ petitions.

(3.) Separate cases of pre-emption were filed by the petitioner with respect to those eight registered deeds of sale which were numbered as 66, 67, 68, 70, 71, 75, 76 and 77 of 1985-86. All the nine cases were heard together and were allowed by order dated 24.4.1986/28.4.1986. The concerned respondent no.6 preferred Ceiling Appeals before the Learned Collector, Purnea, which were numbered as 71 to 79 of 1986-87. All the nine Appeals were transferred to the Court of Learned Additional Collector, Purnea, for disposal and were made analogous. By a common order dated 26.3.1990/27.3.1990, the Appeals were rejected, and the order dated 24.4.1986/28.4.1986 was confirmed. Thereafter, the concerned respondent no. 6 preferred 9 sets of Revision applications before the Learned Member, Board of Revenue, Bihar which were numbered as Board Case Nos. 317 to 325 of 1990. The said cases were heard and decided together by a common order on 7.12.1992 by the Additional Member, Board of Revenue, Bihar, Patna. As per the order passed in the Revision cases, it was held that in the absence of partition in the family of the Vendors, transfer of the lands in question itself was illegal and thus pre-emption could not be claimed and the same were held as not maintainable.